*In general, statutes remove remedy, do not destroy obligation. 11 C. 164; 82 C. 334; 93 C. 418; 105 C. 32. Statutes of limitation are beneficial, to be favored. 32 C. 539. Reasonable limitation may be placed on cause of action that has already accrued. 77 C. 528. Removing bar of statute once fallen does not violate constitutional rights. 93 C. 412. Basis of statutes. 74 C. 656. How far equity will follow statutes. 32 C. 538; 72 C. 180; 79 C. 644; 81 C. 433; 102 C. 302; 131 C. 38. Statutes do not apply to tax; 85 C. 376; or assessment lien; 79 C. 38; or judgment. 74 C. 656. Presumption of payment of obligation, where no statute applies. 69 C. 210. General limitation held to apply to power given by special act. 72 C. 687. If liability of principal is barred, so is that of surety. 71 C. 733, but see 105 C. 32. Term “action” covers every mode of presenting a claim. 32 C. 539. Though debt is barred, mortgage may be foreclosed; 11 C. 166; 75 C. 429; 76 C. 146; 81 C. 442; 119 C. 358, 359; so, assessment. 79 C. 40. Statutes assume cause and right of action, and do not apply till they occur; breach of agreement to pay for services rendered decedent by provision in will. 82 C. 647; 83 C. 34; 96 C. 385. When right of action accrues in general; 28 C. 68; 35 C. 164; 66 C. 64; 68 C. 457; ordinarily when cause of action is complete; 68 C. 459; 86 C. 494; may be question for jury. 71 C. 24. Effect of debtor's concealing cause of action. 66 C. 58; 89 C. 485. Does not ordinarily apply until there is someone who can sue; 15 C. 148; 33 C. 77; 34 C. 59; as where claim accrues after death of creditor and there is delay in appointing administrator. 81 C. 169. Death and other causes suspending statutes. 74 C. 732; 75 C. 408. When action against indemnity company on bond covering performance of continuing contract accrues. 91 C. 197. When action accrues to city, held in damages for street defect, to recover of party primarily responsible. 92 C. 664. Limitation does not begin to run until there is someone to sue; misappropriation of trust funds. 93 C. 558; 104 C. 189. Right of action on bond to secure building contract accrues when contractor abandons work. 94 C. 240. When ordinary statutes apply to presentation of claim against estate of deceased person. 75 C. 406. Right to bring scire facias against administrator does not begin to run until one is appointed. 88 C. 100. Statutes do not apply to express trustees; but directors of savings bank are not; 89 C. 451; when they apply in favor of administrator or distributee; 90 C. 562; do not apply to open, continuing and acknowledged trust. 96 C. 326; 104 C. 189. Effect of statute as to survival of actions is to give personal representatives 1 year after limitation would otherwise expire in which to prosecute. 90 C. 611. Ordinarily, statutes to be specially pleaded but if complaint seeks to anticipate them, demurrer lies. 95 C. 589. Where two causes of action arise out of same transaction, each is governed by applicable statute of limitations. 103 C. 716. Do not run while trust or fiduciary relationship continues. 102 C. 302; 104 C. 189. Statute runs against nonresident when he acquires usual place of abode here; against former resident when he returns; one may have two or more places of abode in two or more states; domicile is immaterial; periods of time when statute has run may be added together to aggregate full statutory period. 105 C. 564. Does not apply to claims against estates of deceased persons; laches only defense. 106 C. 602. In malpractice action, statute runs from act if injury was then complete, from termination of treatment if injury arises from a course of treatment. 127 C. 385. Action is regarded as brought as of date of service upon defendant. 128 C. 109. Date of commencement of action set up in counterclaim; statutes of limitation of forum apply unless foreign limitation statute is condition of right of action under foreign law. 131 C. 670; Id., 674.
Acknowledgment or new promise. An acknowledgment of a debt as just and subsisting is sufficient; 3 C. 133; 9 C. 501; 29 C. 460; aliter if accompanied by refusal to pay. 29 C. 461. An acknowledgment by one of several joint makers of note removes the bar as to all. 4 C. 338, but see 125 C. 202. Promise must refer to the particular debt. 29 C. 66. Whether promise applies to whole or part of claim is question of fact. 35 C. 389. As to effect of acknowledgment or new promise made on Sunday, quaere. 36 C. 276. An express promise to pay debt is not essential to remove the bar. 41 C. 564. Revival by general acknowledgment; implied from silence or acquiescence. 108 C. 271. No implied promise if acknowledgment is accompanied by expressions indicating debtor did not intend to pay. 128 C. 400. Promise to pay “as soon as possible” held sufficient acknowledgment. 48 C. 142; 104 C. 315; 120 C. 228; 132 C. 399. A written acknowledgment under seal will not extend the term for 17 rather than for 6 years. 54 C. 527. Promise to pay in installments takes case out of statute. 52 C. 451. Acknowledgment must be unequivocal, to be determined in light of surrounding circumstances. 73 C. 346; 84 C. 141. Conditional acknowledgment or promise effective if condition fulfilled. 104 C. 315. Reference to mortgage as subsisting. 68 C. 298; 76 C. 227. Giving security or note for interest. 88 C. 536. Letter of administrator as such will not remove bar; 84 C. 54; charging debt in account; Id., 137; written acknowledgment in case of claim against estate of deceased person; sufficiency of writing; reference to other writings; secondary evidence; 80 C. 414; signature by rubber stamp; 73 C. 341; power of executor to waive bar as to such claim. 68 C. 298. Acknowledgment or new promise by joint obligor is insufficient to toll statute as against other joint obligors. 125 C. 202.
Part payment. Payment of interest removes bar. 19 C. 596. Payment of part of debt, with refusal to pay more, does not remove bar. 49 C. 482; 109 C. 515. Payment of interest by purchaser of equity does not prevent running in favor of mortgagor. 52 C. 435. Actual payment will not be inferred from mere endorsement of part payment by holder after note is barred. 52 C. 188. What payment will remove bar. 77 C. 11; 109 C. 514; 125 C. 200. In case of mutual accounts, statute runs from last payment. 70 C. 434. Running account. 109 C. 514. Payment on principal or of interest by maker of note does not toll statute against guarantor or endorser. 116 C. 563; 121 C. 420. Payment on account by joint obligor is insufficient to toll statute as against other joint obligors. 125 C. 202.
Pleading and practice. Statutes as basis of demurrer; 69 C. 210; 72 C. 687; 77 C. 100; such demurrer cannot be based on allegation as to date of personal injury; 81 C. 284; 83 C. 503; as basis of nonsuit or direction of verdict. 64 C. 430; 71 C. 24. Complaint need not anticipate. 81 C. 287. When can be claimed, though not pleaded. 88 C. 536. New promise should be pleaded in reply to answer setting up statute. 84 C. 137. Defense of statute of limitations is not proper matter for a plea to jurisdiction. 114 C. 732.
Cited. 44 CS 207.
